Kościół i Prawo 2020-05-04T10:24:08+00:00 Agnieszka Romanko Open Journal Systems <p><span lang="EN-US"><strong>Kościół i Prawo</strong> is a semi-annual journal published by the Faculty of Law, Canon Law and Administration at the John Paul II Catholic University of Lublin in cooperation with the Learned Society of the Catholic University of Lublin. The aim of this journal is to publish scholarly articles concerning canon law and relations between State and Church. The journal gives special attention to Polish particular law. Besides academic articles, the journal also includes book reviews and reports of conferences.</span></p> From the Editor-in-chief 2020-05-04T10:21:31+00:00 Mirosław Sitarz 2020-05-04T10:04:18+00:00 Copyright (c) 2019 Kościół i Prawo The Primacy of the Pope According to can. 331 of the 1983 Code of Canon Law 2020-05-04T10:24:08+00:00 Štefan Brinda <p>The Catholic Church is an organic community of the Christian faithful who believe in Jesus Christ. Everyone has his place and functions in the Church. The functions of the faithful appear as individual and collegial, and are closely related together. The Pope’s office is an individual function in the Church. Like the Apostle Peter, he was chosen by Christ himself as the first of the Apostles, and so is the Pope today, he is the head of the college of bishops.</p> <p>The Pope, Roman Pontiff is the first successor of the Apostle Peter, the Vicar of Christ, and the pastor of the universal Church on earth. By virtue of his office he possesses supreme, full, immediate, and universal ordinary power in the Church, which he is always able to exercise freely. His authority is the supreme and it consists of legislative, executive and judicial one.</p> 2020-05-04T10:04:41+00:00 Copyright (c) 2019 Kościół i Prawo Right of a Child to be Raised in Church Legislation Latin and Polish Law 2020-05-04T10:24:07+00:00 Martyna Pereta <p>The child’s right to education is an open concern of the Church. It indicates at least the number of canons related with children. The child is the object of upbringing. He has an inalienable right to education, observing his inherent dignity. Parents, since they have given life to their children, have a most grave obligation and possess the right to educate them. In mixed marriages, nupturients should be made aware of their obligations in the field of Catholic applied education. Parents must share their sacramental life. Parental religiosity translates into the later development of the child and his functioning in society. The child’s right to secure parenting that is available to parents and protection in this regard. Parents should not shift their religious responsibilities to institutions and other communities. It is obvious that the law is the duty of a&nbsp;child, that it is natural that he gave up regulating this issue in the form of a&nbsp;provision.</p> 2020-05-04T10:05:02+00:00 Copyright (c) 2019 Kościół i Prawo Changes and Notations in Parochial Registers Including Problematic Issues in this Matter According to Applicable Laws about Privacy in Poland 2020-05-04T10:24:05+00:00 Bartosz Trojanowski <p>Each parish is to have parochial registers. The parish priest is to see to it that these registers are accurately inscribed and carefully preserved. It provides proofs of receiving sacraments by Christian faithful. For this reason, the parochial register should always be kept carefully according to the norm of law.</p> <p>The Catholic Church, with respect to personal data protection, is to observe the rights of Christian faithful. Although parochial registers differ from state documents it is necessary to update all changes with the approval of the competent ecclesiastical authority. There may occur problematic issues, which require the knowledge of procedures expressed in canon law. We can mention among others apostasy, adoption of a child, transsexualism or issues of hermaphroditism. We can also add the principle of compliance with civil documents.</p> <p>The solicitude for keeping of parochial registers and mandatory of making changes upon request of concerned. The personal data breach is related with the imposition of ecclesiastical sanctions provided both universal and particular law.</p> 2020-05-04T10:07:12+00:00 Copyright (c) 2019 Kościół i Prawo Education of Members of Religious Institutes in Poland 2020-05-04T10:24:03+00:00 Łukasz Borzęcki <p>The right to educate members of religious institutes is guaranteed both by the legislation of the Republic of Poland and by the canon law of the Catholic Church. The need for education lies in the person as a person and leads to the person’s identity integration. The professions and clergy with this can serve God and the Church as a&nbsp;concrete charism for each institute. The 1983 Code of Canon Law and the documents of the Second Vatican Council mandates the extension of spiritual, apostolic, doctrinal and pastoral formation to all consecrated persons, because until now such a broad formation was reserved mainly for clerics and religious of the so-called the “first choir”. The new <em>Ratio fundamentalis institutionis sacerdotalis</em> of 2016 titled “The Gift of the Priestly Vocation” is of great importance for the formation of the clergy. For this reason the bishop’s conferences and the clerical religious institutes are to develop their own detailed provisions on priestly formation. The significant feature of formation is spiritual, human and fraternal dimension of formation. It is also important to discover charism that holds together all the previously mentioned characteristics of the formation of candidates for the priesthood.</p> 2020-05-04T10:07:40+00:00 Copyright (c) 2019 Kościół i Prawo Suitability for Sacred Ordination and Preparation Process for the Priesthood According to the 1983 Code of Canon Law and Ratio fundamentalis institutionis sacerdotalis of 2016 2020-05-04T10:24:01+00:00 Piotr Fiałek <p>The study focuses on the sacrament of Holy Orders, in particular the preparation process to sacred ordination according to the requirements of the 1983 Code of Canon Law and the new<em> Ratio fundamentalis institutionis sacerdotalis</em> published in 2016. Canons relating to the prerequisites of the validity of sacred ordination and their fairness were presented in part one of the article. The norms included in <em>Ratio fundamentalis </em>were introduced in part two. Other binding rules of law which are the object of Church concern of proper formation of priests-to-be were also mentioned in the article.</p> 2020-05-04T10:09:03+00:00 Copyright (c) 2019 Kościół i Prawo The Adversarial Principle of Proceedings for Nullity of Marriage with Regards to the Principle of salus animarum and the Principle of Truth 2020-05-04T10:23:59+00:00 Maciej Andrzejewski <p>This study explores the significance of the principles of <em>salus animarum</em>, the truth and adversarial system for the nullity of a marriage process. The <em>salus animarum</em> principle defines the supernatural purpose of canon law, therefore the principles of the nullity of a marriage process must be subject to it. The principle of knowledge of truth is a key to a nullity of marriage process that all participants of <em>iudicium</em> are to follow. The way how to show the truth is the base of marriage process on values arising from the adversarial system.</p> 2020-05-04T10:09:29+00:00 Copyright (c) 2019 Kościół i Prawo Liturgy of the Sacrament of Marriage in Lithuania in Wiłkawiszska Diocese 2020-05-04T10:23:57+00:00 Miroslav Dovda <p>The matrimonial covenant by which a man and a woman establish between themselves a partnership of the whole of life is not a legal arrangement. In the Catholic Church it has been raised to the dignity of a sacrament between the baptized. The teaching of the Church is unambiguous that marriage is a divine institution. It is therefore referred to as ‛covenant’ instead of the former ‛contract’. This is a sacrament, which to assist at marriage must be an appropriate external form – requires a liturgical rite. Therefore, the ecclesiastical legislator formulated a rule regarding the form of the celebration of marriage. Based on the author’s sociological and pastoral research, the study explores the practical side of celebration of marriage in Wiłkawiszska Diocese.</p> 2020-05-04T10:09:55+00:00 Copyright (c) 2019 Kościół i Prawo Influence the Pre-Judicial Inquiry in the Process on the Nullity of Marriage 2020-05-04T10:23:56+00:00 Monika Górna <p>The briefer process is a new legal institution in canon law. It was introduced by a&nbsp;motu proprio <em>Mitis Iudex Dominus Iesus</em> as a prejudicial question. This was also described in <em>Dignitas connubii</em>. This will allow for wider dissemination of information concerning there provisions of spouses in their matrimony. The issue of pre-trial tutorship it is very important in the briefer process of the nullity of marriage.</p> 2020-05-04T10:10:59+00:00 Copyright (c) 2019 Kościół i Prawo Legal Requirements and a Pastoral Approach in the Nuptial Examination of Nupturients 2020-05-04T10:23:52+00:00 Małgorzata Szemiel <p>We can often find a formalistic approach to marriage preparation. The current generation want to get things done without unnecessary formalities. The similar attitudes are revealed during premarital formation. Both nupturients and pastors all their duties treat like unpleasant. The nupturients meeting with the parish priest should be an opportunity for dialogue, catechesis and conversation. The parish priest is not only to examine whether the nupturients want to enter into a valid marriage, but also to form them to enter a sacramental marriage. Prematrimonial examination should be more legal and pastoral. It should also be an opportunity to check their motives and to deepen or correct their knowledge of sacramental marriage.</p> 2020-05-04T10:11:23+00:00 Copyright (c) 2019 Kościół i Prawo Organizational and Legal Regulation and Practice of the Ukrainian Customs Activity on Returning Church Property 2020-05-04T10:23:51+00:00 Oleksandr Bilash Liliia Dorofeieva <p>The purpose of the article is to analyze the current state of legal regulation of issues related to the protection of cultural heritage and the transfer of cultural property across borders. It is also to determine the role and place of customs authorities of Ukraine in the implementation of measures to restore church property. The study explores international standards in the field of preservation of cultural monument and heritage of the peoples of the world and compares of the state regulatory in the national legislation of Ukraine. The procedure and conditions of export – including temporary – cultural property from the territory of Ukraine have been clarified. Subjected to the comparative analysis of the terminology contained in international and national legal sources on these issues.</p> 2020-05-04T10:11:47+00:00 Copyright (c) 2019 Kościół i Prawo Post-Council Implications Regarding Ecclesiology of Church Law in the Doctrine of Polish Canonists 2020-05-04T10:23:49+00:00 Maciej Kołodziejski <p>In the considerations regarding the ecclesiology of the Church from a canonistic and theological point of view, it seems right to spell out that the definition of the Church cannot be fully met. It is because it will remain elusive in purely empirical research. For this reason Polish canonists rightly consider that canon law should examine from own point of view. While disciple of canon law should not be determined itself in relations to other sciences, but should seek its own methods leading to the goal. The canonists framed the question how directives issued by the legislator who manages the community relate to the Church’s own and fundamental goal – the salvation of souls. Baptism gifts and natural predispositions are to give dynamism to the whole community. The allegation with regard to the 1983 Code of Canon Law that it contains defensive provisions of law seems to be justified. The distinction between the primary purpose of law regulating social life and the ultimate, that is, salvation, gave the answer. The law makes it possible to achieve salvation through our own order, which indirectly serves this purpose and ultimately directs it to the final goal.</p> 2020-05-04T10:12:12+00:00 Copyright (c) 2019 Kościół i Prawo Comments on the Legal Protection of Older People and Its Impact on the Formation of Moral and Social Attitudes 2020-05-04T10:23:47+00:00 Jarosław Krzewicki <p>The protection of older people is the consequence of their biological condition which is related with a wide range of restrictions. The dignity of the human person and a&nbsp;number of subjective rights require legal safeguards. These legal norms should not only guarantee the older people access to goods and services, but also have a positive influence on understanding of moral obligations towards them. That is on the shaping of moral and social attitudes. The law is to be a carrier of moral norms. It is to organize a social order. This is particularly important not only for the justice which should relate to older people but also to others.</p> 2020-05-04T10:12:36+00:00 Copyright (c) 2019 Kościół i Prawo Adalbert Gautier Hamman, Życie codzienne pierwszych chrześcijan (95-197), Warszawa: Instytut Wydawniczy Pax 1990, ss. 338 2020-05-04T10:23:45+00:00 Janusz Romanowicz 2020-05-04T10:13:08+00:00 Copyright (c) 2019 Kościół i Prawo International Scientific Conference Financing of the Church – Canon and Confessional Law Interactions, Kapušany, 27th of July 2019 2020-05-04T10:23:43+00:00 Agnieszka Romanko 2020-05-04T10:13:31+00:00 Copyright (c) 2019 Kościół i Prawo National Scientific Conference Protection of Marriage and the Family in Canon Law and in Polish Law, Częstochowa, 8th-10th of Semptember 2019 2020-05-04T10:23:41+00:00 Paweł Lewandowski 2020-05-04T10:13:59+00:00 Copyright (c) 2019 Kościół i Prawo International Scientific Conference Financing of Churches and Religious Societies in the Modern Democratic State, Trnava, 12th of November 2019 2020-05-04T10:23:39+00:00 Agnieszka Romanko 2020-05-04T10:14:22+00:00 Copyright (c) 2019 Kościół i Prawo International Scientific Conference Churches and Religious Societies in a Modern Democratic Society, Trnava, 13th of November 2019 2020-05-04T10:23:37+00:00 Agnieszka Romanko 2020-05-04T10:14:48+00:00 Copyright (c) 2019 Kościół i Prawo III International Congress of the Movement «Europa Christi» A Europe of Two Lungs – a Europe of Gospel, Truth and Peace. Session in Lviv: The Influence of Christianity on the Stability of the Peoples of Europe, Lviv, 18th-20th of November 2019 2020-05-04T10:23:35+00:00 Karol Nowakowski Bartosz Pędzik 2020-05-04T10:17:00+00:00 Copyright (c) 2019 Kościół i Prawo